Tache Bonsa Gollo, Patrick Halake Jaldesa, Abdulrazaq Haji Adan & Adan Happi Falana v Cabinet Sec Min of Defence, Chief of Defence Forces Commander of Army Attorney General, Cabinet Sec for Lands & Physical Planning, National Land Commission & Meru County Government [2021] KEELC 152 (KLR) | Land Rights | Esheria

Tache Bonsa Gollo, Patrick Halake Jaldesa, Abdulrazaq Haji Adan & Adan Happi Falana v Cabinet Sec Min of Defence, Chief of Defence Forces Commander of Army Attorney General, Cabinet Sec for Lands & Physical Planning, National Land Commission & Meru County Government [2021] KEELC 152 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT ISIOLO

PETITION. E003 OF 2021

TACHE BONSA GOLLO…………………………..………1ST PETITIONER

PATRICK HALAKE JALDESA…………………..………2ND PETITIONER

ABDULRAZAQ HAJI ADAN……………………..………3RD PETITIONER

ADAN HAPPI FALANA…………………………….....…..4TH PETITIONER

VERSUS

THE CABINET SEC. MIN. OF DEFENCE……….......…1ST RESPONDENT

CHIEF OF DEFENCE FORCES…..……………......……2ND RESPONDENT

COMMANDER OF ARMY………………………....…….3RD RESPONDENT

THE ATTORNEY GENERAL……………………....……4TH RESPONDENT

CABINET SEC. FOR LANDS &

PHYSICAL PLANNING………………….………….……5TH RESPONDENT

NATIONAL LAND COMMISSION….…………..………..6TH DEFENDANT

MERU COUNTY GOVERNMENT……….………..……7TH RESPONDENT

RULING

1. This is one more unfortunate incident when some of the parties did not come to court despite knowledge that this matter had been listed for directions today.  As the 1st, 2nd, 4th, 5th and 6th respondents are key players in this suit, I find it necessary to direct that they properly be served with the orders issued by the court today.

2. The following orders are issued:

1. The petitioners are granted 30 days to file and exchange written submissions concerning the petition.

2. Filing of submissions to be both in hard and soft copies and to be in word format font 12.

3. The petitioners’ advocate is directed to serve upon the absent respondents or their advocates with the orders issued by the court today within 14 days of today.

4. With concurrence of all advocates present, DIRECTIONS  on 28/2/2022.

Written and delivered in open court at Isiolo this 20th day of December, 2021 in the presence of:

Court Assistant: Denge

Odhiambo for the petitioners

Ken Muriuki for the 7th respondent

Turorey for the 1st, 2nd, and 3rd respondents.

HON. JUSTICE P. M. NJOROGE

ELC, JUDGE, ISIOLO